GUL v. CENTER FOR FAMILY MEDICINE

No. 24860.

762 N.W.2d 629 (2009)

2009 SD 12

Samina GUL, M.D., Plaintiff and Appellant, v. CENTER FOR FAMILY MEDICINE and Dr. Earl Kemp, Defendants and Appellees.

Supreme Court of South Dakota.

Decided February 25, 2009.


Attorney(s) appearing for the Case

Shawn M. Nichols of Cadwell, Sanford, Deibert & Garry, LLP, Sioux Falls, South Dakota, Attorneys for plaintiff and appellant.

R. Alan Peterson, Steven J. Morgans, Dana Van Beek Palmer of Lynn, Jackson, Shultz & Lebrun, PC, Sioux Falls, South Dakota, Attorneys for defendants and appellees.


GIENAPP, Circuit Judge.

[¶ 1.] Samina Gul, M.D. (Dr. Gul) commenced an action for breach of contract, defamation, and violation of due process against the Center for Family Medicine (CFM) and one of its physicians, Dr. Earl Kemp (Dr. Kemp). The parties filed cross motions for summary judgment, although Dr. Gul's motion was for partial summary judgment as to liability on the contract claim. The circuit court ruled in favor of CFM and Dr. Kemp on the defamation...

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